ORAL JUDGMENT

Order No. 8 : Dated 24^th March, 2022 The

instant appeal is directed against the order/judgment dated 20.10.2020 passed by Learned Single Judge of this Court in W.P. (S) No. 6718 of 2019 by which the writ petition was dismissed declining to pass any positive direction upon the respondents to consider the claim of the petitioner afresh for his re-appointment as Constable.

2. The brief facts of the case, as per pleadings made in the writ petition, which require to be enumerated reads as hereunder:

In pursuance to the advertisement by Jharkhand Staff Selection Commission, being Jharkhand Constable Competitive Examination, 2015, for appointment on the post of Constable, the petitioner participated in the selection process and was joined on 10.06.2017 under Jharkhand Rail Police.

In the meanwhile, the unsuccessful candidates approached this Court by filing writ petition being W.P. (S) No. 3239 of 2017 [Mithun Kumar & Ors Vs. The State of Jharkhand & Ors], wherein vide order dated 11.08.2017, the learned Single Judge observed to constitute an Apex Medical Board to re-examine all the candidates/appointees.

For ready reference,

order

dated 11.08.2017 is reproduced hereunder:

“ Heard Mr. Shresth Gautam, learned counsel appearing on behalf of the petitioners, learned Advocate General, appearing on behalf of the State and Mr. Sanjay Piprawal, learned counsel appearing on behalf of Jharkhand Staff Selection Commission.

In this writ petition, the petitioners have prayed for a direction upon the respondents to declare the 36 writ petitioners as medically fit and to be considered for appointment to the post of Constable in Jharkhand Armed Police (JAP).

The petitioners claim that they have passed the preliminary test as well as the main examination and their respective roll numbers have been reflected in the merit list, which was prepared after the main examination. The petitioners thereafter, were sent for medical test and they were declared successful but their appointments were not made. The petitioner could come to know that they were found physically fit but were declared medically unfit by the Medical Board, constituted as per the Rules, as such, their names were not recommended for appointment.

It is the case of the petitioners that they could come to know that on the ground of knock-knee or flat feet etc., they were disqualified. The counsel for the petitioners submits and pleads that the petitioners were forced to sign on blank sheets, which were converted into their acknowledgment of the Medical Board. The petitioners then got themselves suo motu medically examined by Civil Surgeon, Sadar Hospital, Ranchi. It was found that the petitioners do not suffer from the aforesaid infirmity and on this ground, the petitioners have moved this Court.

Counter affidavit was filed by the State and also by the Jharkhand Staff Selection Commission.

The medical board was constituted as per Rules for the medical examination of the petitioners. The report of the Medical Board was brought on record in respect of these present 36 petitioners by the respondents. This report suggests that these 36 petitioners were declared medically unfit. Since, there were two divergent views; one by the Medical Board and one by the Medical Officer of the Sadar Hospital (both being the Government Servants), this Court vide order dated 7^th July, 2017 requested the Assistant Solicitor General of India to assist this Court in getting these 36 petitioners examined by a Neutral Medical Board. The Assistant Solicitor General of India suggested that these 36 petitioners should be got examined by the DIG, Medical, C.R.P.F., Ranchi Composite Hospital, Sambo, Ranchi.

This Court vide order dated 7th July, 2017 thus directed the petitioners to appear before the DIG, Medical, C.R.P.F., Ranchi Composite